Litigating Rights

Grant Huscroft is a Professor of Law at the University of Western Ontario. Paul Rishworth teaches at the University of Auckland, New Zealand.

• Part 1 Judicial review and bills of rights: rights, bills of rights and the role of courts and legislatures, Grant Huscroft; the bill of rights - confirmation of extant freedoms or invitation to judicial creation?, Antonin Scalia; rights, paternalism, constitution and judges, James Allan; judicial review, human rights and democracy, Andrew S. Butler; human rights review and the public-private distinction, Murray Hunt. Part 2 Liberty and equality: liberty, equality and the new establishment, Paul Rishworth; equality rights in Canada - judicial usurpation or missed opportunities? Ian Binnie; concepts of equality in international law, Hilary Charlesworth; liberty and equality - complementary, not competing, constitutional commitments, Nadine Strossen. Part 3 Group and indigenous rights: group rights and constitutional rights, Tim Dare; taking group rights carefully, Jeremy Waldron; should Maori group rights be part of a New Zealand constitution?, Andrew Sharp; constitutionalizing Maori, Eddie Durie. Part 4 Internationalism: the rule of international law?, Paul Rishworth; the impact of international human rights on domestic law, Elizabeth Evatt; intention and effect - the legal status of the final views of the human rights committee, Scott Davidson; the UK's human rights act 1998 - an early assessment, Ian Leigh.

This book covers a number of issues extremely important to the litigation of rights in national systems and would be of benefit to anyone seeking to gain further insight to the myriad problems faced in providing more effective protection at this level. Merris Amos Public Law February 2002 [A] rich and often fascinating volumethe four essays making up the section on group rights are the single best available introduction to this higly contested area. M.A. Sanderson Modern Law Review February 2002